Thursday, September 18, 2014

Payment of Dearness Allowance to Central Government employees-Revised Rates effective from 01.07.2014.

F. No. 1/2/2014-E.II (B)
Government of India
Ministry of Finance
Department of Expenditure
North Block, New Delhi
Dated: 18th September, 2014.
OFFICE MEMORANDUM

Subject:- Payment of Dearness Allowance to Central Government employees-Revised Rates effective from 01.07.2014.

The undersigned is directed to refer to this Ministry’s Office Memorandum No.1/ l/2014-E.II(B) dated 27th March, 2014 on the subject mentioned above and to say that the President is pleased to decide that the Deamess Allowance payable to Central Government employees shall be enhanced from the existing rate of 100% to 107% with effect from 1st July, 2014.

2. The provisions contained in paras 3, 4 and 5 of this Ministry’s O.M. No. 1(3)/2008-E.II(B) dated 29th August, 2008 shall continue to be applicable while regulating Dearness Allowance under these orders.

3. The additional installment of Dearness Allowance payable under these orders shall be paid in cash to all Central Government employees.

4. These orders shall also apply to the civilian employees paid from the Defence Services Estimates and the expenditure will be chargeable to the relevant head of the Defence Services Estimates. In regard to Armed Forces personnel and Railway employees, separate orders will be issued by the Ministry of Defence and Ministry of Railways, respectively.

5. In so far as the employees working in the Indian Audit and Accounts Department are concerned, these orders are issued with the concurrence of the Comptroller and Auditor General of India.

sd/-
(A. B arya)
Under Secretary to the Govt. of India

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7 th Pay Commission's visit to Mussoorie/Dehradun

The commission has, in its first phase of interaction, been seeking the views of various stakeholders on its terms of reference. To this end, meetings have been held in Delhi with various organisations and heads of various agencies.

In its second phase of interaction, the Commission has started holding meetings in different parts of the country to facilitate stakeholders staying in various areas to present their views personally before the Commission and ensure larger representation. This exercise is being undertaken to enable the Commission to get a first-hand impression about the functioning and the condition of service prevailing in different parts of the country.

Accordingly, the Commission, headed by its Chairman, Justice Shri A. K. Mathur, proposes to visit Mussoorie/Dehradun between 8th October and 10th October 2014. The Commission would like to invite various entities/associations/federations representing any/all categories of employees covered by the terms of Reference of the Commission to present their views.


Your request for a meeting with the Commission may be sent through e-mail to the Secretary, 7th Central Pay Commission at secy-7cpc@nic.in. The memorandum already submitted by the requesting entity may also be sent as an attachment with this e-mail.

The last date for receiving request for meeting is 30th September, 2014 (1700 hours).

http://www.7cpc.india.gov.in/news03.html
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REMOVE THE BONUS CEILING OF Rs.3500-BPMS

To,                                                        

The Prime Minister,                     The   Minister of Labour & Employment
Govt. of India,                                           Government of India,
South Block, Raisina Hill,                        Shram Shakti Bhawan,
New Delhi – 110001                                  Rafi Marg, New Delhi- 110001

Through: Proper Channel

SUB: Submission of memorandum of demand
.
Hon’ble Sir,
‘Government Employees National Confederation’ is a confederation of all industrial unit of Bharatiya Mazdoor Sangh which decided in its meeting held on 08.09.2014 to observe a week long agitation throughout the country from 15th Sep to 20th Sep 2014 in protest/demands of one of the various prevailing National issues.  Accordingly, being a constituent of BPMS/GENC/BMS this union has observed an agitation programme from 15.09.2014 to 20.09.2014 through Gate Meetings, Demonstration at Main Gate of the establishment, Wearing Black Badges and other peaceful methods
and we are submitting a memorandum of demand through proper channel for your kind consideration and suitable action at the earliest please–

Section 12 of the Payment of Bonus Act has been amended by Act 45 of 2007 (w.e.f. 01.04.2006) regarding calculation of bonus with respect to certain employees which states as under:-

“Where the salary or wage of an employee exceeds three thousand and five hundred rupees per mensem, the bonus payable to such employee under Section 10 or, as the case may be, under Section 11, shall be calculated as if his salary or wage were three thousand and five hundreds rupees per mensem.”

Meanwhile, Central Government has accepted the recommendations of 06th CPC with effect from 01.01.2006 and fixed the minimum basic pay plus grade pay as Rs. 5200 + 1800 = 7000. Therefore 28,06,369 Group ‘C’ (Non Gazetted) and 1,13,477 Group ‘B’ (Non Gazetted) total thirty lakh approx. Central Government employees are getting the bonus @ Rs. 3500/- per mensem under the Payment of Bonus Act, 1965 or Productivity Linked Bonus whereas none of them is drawing wages less than Rs. 7000/- per mensem excluding other allowances which has been causing discontentment amongst the employees.

Therefore, you are requested to issue necessary directives to remove the ceiling of Rs.3500/- per mensem under the Payment of Bonus Act, 1965 and Productivity Linked Bonus Scheme.

An early action is solicited please.

With regards,
Sincerely yours

(Name of Secretary)
Secretary
Copy to:
1. The General Secretary/B.M.S.,
2426, Ram Naresh Bhawan, Tilak Gali,
Pahar Ganj, New Delhi-110055

2. The General Secretary,
Bharatiya Pratiraksha Mazdoor Sangh,
02, Navin Market, Kanpur–208001
--
For your kind information please.

Source: http://www.bpms.org.in/documents/genc-memorandum-5vxz.pdf
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Wednesday, September 17, 2014

Enforce ‘One Rank One Pension', Say Ex-Servicemen

KOCHI: Their demand for ‘One Rank One Pension’ started in 1983. Even after 30 years, the plea of ex-servicemen, the first to raise such a demand, is falling on deaf ears, when the judges, MPs, MLAs, bureaucrats and many others receive pensions based on their rank.

The former UPA Government has thrice earmarked fund in its budget for ‘One Rank One Pension’ scheme. But the ex-servicemen, who once served the country, are yet to get their due. Left with no other alternative, ex-servicemen across the country have decided to go for hunger strike on Wednesday.

“After the sixth Pay Commission in 2006, the Army personnel who retired a day before it and after it with the same rank get a pension with wide gap. Those who retire early gets a considerably lower pension than those who retire recently. It has been 30 years, since we had requested them to bridge the gap,” said  Pratapan, secretary, National Ex-servicemen Co-ordination Committee, Ernakulam.

Many committees constituted to study the subject were also in their favour of the ex-servicemen. In 2009, the UPA government allocated Rs 2,144 crores in the budget for the scheme. In 2012, they allocated Rs 2,300 and finally in 2014, the Central Government set aside Rs 500 crore. The then Defence Minister A K Antony said the ‘One rank one pension’ scheme would be implemented from April 1, 2014.

The K M Chandrashekar committee also submitted a report in favour of ex-service men. “But the officials conveniently brushed aside the directive by the then Defence Minister aside. The officials of the Ex-servicemen Welfare Department at Delhi is throttling every efforts taken in this regard,” he said. The Modi Government has now allotted Rs 1,500 crore for it. But various other committees state that it needs around Rs 3500 to implement the scheme.

Source:Indian Express
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Grant of Non-Productivity Linked Bonus (ad-hoc bonus) to Central Government Employees for the year 2013-14.

No.7/24/2007/E III (A)
Government of India
Ministry of Finance
Department of Expenditure
E III (A) Branch
New Delhi, the 16th September, 2014

OFFICE MEMORANDUM

Subject: Grant of Non-Productivity Linked Bonus (ad-hoc bonus) to Central Government Employees for the year 2013-14.

The undersigned is directed to convey the sanction of the President to the grant of Non-Productivity Linked Bonus (Ad-hoc Bonus) equivalent to 30 days emoluments for the accounting year 2013-14 to the Central Government employees in Groups ‘C’ and ‘D’ and all non-gazetted employees in Group ‘B’, who are not covered by any Productivity Linked Bonus Scheme.

The calculation ceiling for payment of ad-hoc Bonus under these orders shall continue to be monthly emoluments of Rs. 3500/-, as hitherto. The payment of ad-hoc Bonus under these orders will also be admissible to the eligible employees of Central Para Military Forces and Armed Forces. The orders will be deemed to be extended to the employees of Union Territory Administration which follow the Central Government pattern of emoluments and are not covered by any other bonus or ex-gratia scheme.

2. The benefit will be admissible subject to the following terms and conditions:-

(i) Only those employees who were in service as on 31.3.2014 and have rendered at least six months of continuous service during the year 2013-14 will be eligible for payment under these orders. Pro­rata payment will be admissible to the eligible employees for period of continuous service during the year from six months to a full year, the eligibility period being taken in terms of number of months of service (rounded off to the nearest number of months).

(ii) The quantum of Non-PLB (ad-hoc bonus) will be worked out on the basis of average emoluments/calculation ceiling whichever is lower. To calculate Non-PLB (Ad-hoc bonus) for one day, the average emoluments in a year will be divided by 30.4 (average number of days in a month). This will thereafter be multiplied by the number of days of bonus granted, To illustrate, taking the calculation ceiling of monthly emoluments of Rs. 3500 (where actual average emoluments exceed Rs. 3500), Non-PLB (Ad-hoc Bonus) for thirty days would work out to Rs. 3500×30/30.4=Rs.3453.95 (rounded off to Rs.3454/-).

(iii) The casual labour who have worked in offices following a 6 days week for at least 240 days for each year for 3 years or more (206 days in each year for 3 years or more in the case of offices observing 5 days week), will be eligible for this Non-PLB (Ad-hoc Bonus) Payment. The amount of Non-PLB (ad-hoc bonus) payable will be (Rs. 1200×30/30.4 i.e.Rs.1184.21 (rounded off to Rs.1184/-). In cases where the actual emoluments fall below Rs.1200/- p.m., the amount will be calculated on actual monthly emoluments.

(iv) All payments under these orders will be rounded off to the nearest rupee.

(v) The clarificatory orders issued vide this Ministry’s OM No.F.14 (10)- E. Coord/88 dated 4.10.1988, as amended from time to time, would hold good.

3. The expenditure on this account will be debit able to the respective Heads to which the pay and allowances of these employees are debited.

4.The expenditure incurred on account of Non-PLB (Ad-hoc Bonus) is to be met from within the sanctioned budget provision of concerned Ministries/Departments for the current year.

5.In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued in consultation with the Comptroller and Auditor General of India.

Sd/-
(Amar Nath Singh)
Deputy Secretary to the Govt, of India

Source:http://finmin.nic.in/the_ministry/dept_expenditure/notification/bonus/bonus2014.pdf
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Tuesday, September 16, 2014

MINUTES OF THE ADVISORY COMMITTEE MEETING FOR WEB-BASED PENSIONERS’ PORTAL HELD ON 29th AUGUST, 2014

MINUTES OF THE ADVISORY COMMITTEE MEETING FOR WEB-BASED PENSIONERS’ PORTAL HELD ON 29th AUGUST, 2014 UNDER THE CHAIRMANSHIP OF SECRETARY (PENSION, AR&PG)

A list of participants is annexed.

2. A meeting of the Advisory Committee for Web-Based Pensioners’ Portal under NeGP was held on 29th August, 2014 under the chairmanship of Secretary (P, AR&PG) in Lok Nayak Bhawan, New Delhi with a view to seek suggestions etc. for further improvements of the Pensioner Portal.

3. Secretary (P, AR&PG) welcomed the participants and requested J S (Pension) to give a brief background of constitution and role of the Advisory Committee. JS (Pension) while giving the background mentioned that the Pensioner Portal has been progressing well based on the inputs provided from time to time by user Departments forming part of the Advisory Committee. The participants were also informed that since the last meeting of the Advisory Committee was held in June, 2013, the Department of Pension & Pensioners Welfare (DoP&PW) have added to the Portal two new components namely Bhavishya (an On-line Pension Sanction and Tracking System) & Sankalp (an initiative to channelize the skill and expertise of pensioners in to meaningful social activities post retirement). While giving a brief description of background and concept of these two new applications, a brief glimpse of these two web based applications was also shown online to the participants. Both initiatives were well appreciated by the member of Advisory Committee. The participants were also informed that the website of Pensioners Portal which includes latest circulars/instructions/activities of the Department is regularly being updated.


4. At this point of time and in the context of Bhavi a software, the issue regarding timely processing of pension papers of prospective pensioners also came up. Secretary (PARPG) desired that the Departments/Offices dealing with pension papers should play a pro-active role in discussing with the pensioners any existing discrepancies/shortcomings in the service records and how best these could be rectified! overcome to avoid delay in processing the pension papers. He desired that all required actions should be completed well before the date of the retirement for timely disbursement of retirement dues.

5. The representative of Bharat Pensioner Samaj felt that software similar to Bhavishya should also be introduced for Railway Pensioners. To this, ED, Railway Board informed that Railways is already in the process of setting up separate Portal for Railway Pensioners named Arpan. He also informed that Railways, on pension matters, have been following the circulars/guidelines etc issued by DoPPW. Secretary (Pension) mentioned that circular issued by DoPPW should get percolated to all lower formations/implementing agencies as soon as possible to avoid any erroneous interpretations of Rules etc. and BHAVISHYA utilised in all Ministries/Departments for ensuring timely sanction of pension.

6. Thereafter, the agenda points were taken up. I S (Pension) explained the Action Taken Report (ATR) on the decisions taken in the last Advisory Committee meeting. The representative of Bharat Pensioner Samaj had sought some clarifications on point No. 4 of the ATR regarding FAQ format, linkage with the Website of Pensioner Portal and extending cooperation with Pensioner Association, which was explained by the representative of M/o Railways. With regard to extending cooperation to the identified Pensioner Associations by We Railway, it was decided that the DoP&PW will reiterate their earlier instructions on the same. The representatives of Bharat Pensioner Samaj and Indian Ex-Service League also stated that the computers with Scarmer & Printers which were supplied to them in 2008-2009 under Pensioner Portal Scheme are now obsolete (being old version) and it should be replaced by new one with latest compatible version. On this, it was felt that National Informatics Centre (NIC) team may visit these Associations in Delhi and give a feedback on the issue.

7. Giving a lead for discussions for further improvement of Pensioner Portal, Secretary (Pension) wanted to know from the representative of D/O Electronics & Information Technology (Deity) whether the evaluation of Pensioner Portal has reached its maturity and whether the mechanism of the Advisory Committee imbibed to play Advisory Role for improvement of Pensioner Portal still exists. The representative of Deity informed that new technologies such as Mobile Service Delivery, Cloud Computing ( Meghraj), AppStore etc. have recently emerged in the field of Information Technologies. The Deity has taken an initiative to study 5 big NeGPs for revamping those NeGPs by incorporating these technologies. DoP&PW can also think of new architecture for revamping of Pensioner Portal. This matter can be further discussed with Deity and on the basis of discussions Deity may come up with a new Project. Use of mobile applications would be desirable. J S (Pension) also pointed out to the representative of Deity for completing the lrnpact Assessment of Pensioners Portal by an independent agency for which DoP&PW has been writing to Deity for the last one year or so.

8. The DDG, NIC was of the View that since the Portal is meant for Pensioners who may not be so computer savvy and other stakeholders, the users of the Pensioner Portal should be visited to have more realistic view of improving the Pensioner Portal. The representative of D/O Ex- Serviceman Welfare mentioned that the present format of CPENGRAMS do not contain provisions for sending reminders by nodal officers to its subordinate formations. This facility should be created and there should be a provision of ‘Alert’ for ‘Directions’ subsequently issued by nodal Ministry to its subordinate formations. He also desired that there should be such facility for search of cases of Defence Personal on the basis of Army ID number which is carried by Defence Personnel throughout their service period and thereafier.

9. The representative of National Ex-Service League felt the need for simplification of use of Grievance Redressal facility for rural areas as most of the Ex-Servicemen reside in these areas. He was, however, informed that since internet facilities are speedily percolating to rural areas also through Common Service Centres (CSC), there should not be any difficulty even for pensioners from rural areas to make use of facilities under Pensioner Portal. However, the use of CSCs by pensioners in village areas could be worked out as this would lead to more optimum utilisation of resources.

l. Decisions
 i) All required actions for completion and processing of Pension papers should be completed well before the date of the retirement for timely disbursement of retirement dues.
(Action: All Ministries/Department)

ii) All circulars issued/uploaded by DOPPW on their website should get percolated to all formations and implementing agencies as soon as possible to avoid any erroneous interpretations of Rules etc. In addition to this M/O Railway will also make a link with FAQS of DoP&PW through their website.
(Action: All Ministries/Department)

iii) For extending cooperation to the identified Pensioners Associations by M/o Railway, the DoP&PW will reiterate their earlier OM.
(Action: DoP&PW & M/O Railways)
iv) The representatives of Bharat Pensioner Samaj and Indian Ex-Service League also stated that the computers with Scanner & Printers were supplied to them in 2007-2008 under Pensioner Portal Scheme are now obsolete (being old version) and it should be replaced by new one with latest compatible version. On this, National Informatics Centre (NIC) mentioned that a team of NIC-DOPPW will look into the matter and accordingly give their views in the matter.
(Action: NIC-DoP&PW)
v) Consideration of a new project on architecture for revamping of Pensioner Portal with new technologies
(Action: Deity, NIC & DoP&PW)
vi) Impact Assessment of Pensioners Portal by an Independent Agency.
(Action: Deity)
(vii) Present format of CPENGRAMS under Pensioner Portal do not contain provisions of sending reminders by nodal officers to its subordinate formations and also make provision of ‘Alert” for directions subsequently issued by nodal Ministry to its subordinate formations
(Action: NIC-DoP&PW)

2. Concluding the meeting, Secretary (Pension) observed that there is a large force of pensioners’ which needs to be handled with dignity. We should be able to take forward this message ‘by improving the facilities available under Pensioner Portal. He also thanked all participants and other Ministries for extending all cooperation for achieving the objectives of Mission of Pensioners Welfare.

The meeting ended with a vote of thanks to the Chair.

LIST OF PARTICIPANTS IN THE ADVISORY COMMITTEE MEETING FOR WEB-BASED PENSIONERS’ PORTAL HELD ON 29st AUGUST, 2014

Department of Pension and Pensioners Welfare

Sh. N.Ravi Shanker, Secretary (P, AR&PG) - In Chair
Ms. Vandana Sharma, Joint Secretary (Pension) C
Ms. Tripti P. Ghosh, Director (PP)
Ms. Sujasha Choudhary, DS (P)
Sh. Prem Kumar, Sr. Consultant
Sh. S.P. Kakkar, Consultant

Ministry of Home Affairs

Ms. Shyarnala Mohan, Director (Admn. & Vigt.)
Sh. U.S Banerjee, Under Secretary

Department of Ex-Serviceman & Welfare

Sh. T.R. Singhal, DS (PG)
Sh. Gaurakh Nath

Ministry of Railways

Sh. Rajiv Kishore, ED (ERP)

Department of Post

Ms. Trishaljeet, DDG (Establishment)
Sh. Amit Pankaj, ADG

Department of Telecommunications

Sh. M.L.Sindhi, ADG
Ms. Geeta Arora

Department of Electronics & Information Technology(Deity)

Ms. Renu Bhudiraja, Sr. Director
Sh. Tushar Rai, Consultant NeGD
Sh. Ajoy Agarwal, Consultant, NeGD

NIC

Shri GK Gaur, DDG
Shri S.N.Sowpari, Sr. Tec. Dir. NIC-DOPT
Shri Sriram, Tec. Dir. NIC-DOPPW
Sh. Ani1Bansal, SSA

Indian Ex-Service League

Col. K.S. Yadav
Capt. Ratan Singh

Bharat Pensioners Samaj

Sh. S.C. Maheshwari, Secy. Gen.

Source:http://scm-bps.blogspot.in/2014/09/minutes-of-advisory-committee-for-web.html
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All India Association of Central Excise Gazetted Executive Officers to stage protest

With nothing left to be happy about in terms of career prospects, pay or any other service matter, superintendents of central excise, service tax and customs will gather before the residences of Joint Secretary (Administration) and Member (PandV) of the Central Board of Excise and Customs on September 20 in a symbolic manner to highlight their pain through a Satyagraha programme in New Delhi.

The same programme will be observed before the residences of CBEC chairperson and the Revenue Secretary on September 21.

Despite disappointment, job dissatisfaction, demotivation, humiliation and frustration, the revenue targets are regularly being achieved above the set targets by the sincere, committed and dedicated efforts of these officers but nobody is worried about their career prospects.

These officers are forced to retire at a PB2 (the lowest Group B gazetted) post with only single promotion in the service career of 35-40 years after joining as Inspector whereas their common entry counterparts are easily enjoying PB4 levels (Joint Secretary and Commissioner, top level Group A posts) after getting 5-6 promotions.

These officers are getting promotion (if any) merely to Junior Time Scale while their counterparts of CPWD, CSS, CSSS, AFHQS, Railway Board, Rajya Sabha Secretariat and many others like administrative services, police services, forest services, engineering services, state services etc. to senior time scale.

The employee grievance redressal mechanism has totally failed. These poor officers are also forced to work under the extreme juniors of Customs belonging to the same cadre.

Not only it, they are also deprived of the due pay scales in comparison to their analogous counterparts. The rights to grow, make progress and live with dignity have been snatched from them. There is no change in the scenario regarding their career prospects despite of the repeated representations and requests made to the administration.

"If career prospects were disclosed at the time of the recruitment, these officers would have never joined this job," said Ravi Malik, Secretary General, All India Association of Central Excise Gazetted Executive Officers.

Malik also disclosed the facts that the direct IRS officers have been ensured up to nine promotions to upgrade them within the standard residency periods prescribed by DOPT by creating the posts at apex, HAG+ etc. levels in the higher scales even without availability of the eligible officers but no measures are being taken for the actual workforce of CBEC in the form of Central Excise Superintendents and Inspectors to promote/upgrade them within the standard residency periods prescribed by DOPT.

Their counterparts of Income Tax (CBDT) and the Assistants of CSS under the same Department of Revenue are able to reach the post of Commissioner and Joint Secretary. Almost all other counterparts of them are also reaching the PB4 levels.

The CBEC is even unable to conduct the DPC for promotions from Group 'B' to Group 'A' at prescribed intervals. Nothing has been done for these poor officers for decades to improve their career prospects. They are given false assurances but nothing has ever happened. All of other cadres below Group 'A' except Inspectors and Superintendents are also already getting 5 to 6 promotions in CBEC.

Malik added that the cadre restructuring, which should have been implemented immediately after its notification on 18.12.13 particularly keeping in view the monthly mass level retirements of our officers without getting even IInd promotion, is still pending even after more than eight months of its notification.

"Now under the prevailing circumstances, we have no option other than the revival of the Satyagraha programme to sit before the residences of the authorities including Commissioners/ADG's, Chief Commissioners/DG's, Joint Secretary, Members, Chairperson, Revenue Secretary, Minister of State (Revenue) and Finance Minister requesting them for immediate implementation of cadre restructuring and taking concrete measures independent of cadre restructuring to retire our officers also in PB4 under the hope of being listened in a better way at the residences of the authorities," he said.

"In view of the above, our officers limited to 51 in number will gather peacefully before the residences of the Joint Secretary (Admn.) and Member (PandV) of the CBEC on 20.09.14 (Saturday) and the Chairperson of CBEC and Revenue Secretary on 21.09.14 (Sunday) under the '51 programme' requesting these authorities to fulfill our demands as per the charter of demands enclosed herewith," he added.

"Under next step, such programmes will be observed before the residences of the Commissioners and Chief Commissioners throughout India and before the residences of other higher authorities in Delhi, if our demands are not acceded," said Malik.

Source: http://www.business-standard.com/article/news-ani/all-india-association-of-central-excise-gazetted-executive-officers-to-stage-protest-114091500838_1.html
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Draft Model Cadre Review Proposal

1-11019/25/2014-CRD
Government of India,
Ministry of Personnel, Public Grievances & Personnel
(Department of Personnel & Training)

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi — 110003
September 12, 2014

Subject: – Draft Model Cadre Review Proposal.

In the meeting of the Cadre Controlling Authorities held on 22nd July, 2014, it was decided to draft a model Cadre Review Proposal to facilitate the cadres. The same is enclosed along with a check list of documents/ information required to be sent along with the, cadre review proposal.

(Mona Singh)
Director(CRD)

Information required for examination of the Cadre Review proposal:

a. Whether representatives of the service association(s) consulted.
b. Whether the proposal has been referred to Department of Personnel and Training with the due approval of the Integrated Finance Division and the Minister in charge.
c. A certificate to the effect that no court case is pending which will have bearing on the proposed cadre review.
d, Name of the contact officer(s) who can furnish additional information, if needed’.
e. A copy of recruitment rules with latest amendments.
f. A copy of Civil list/seniority list.
g. Whether an attempt has been made in the proposal to encadre all the posts which have similar functions and responsibilities.
h. Any recommendation of Pay Commission or Parliamentary Committees or Audit Report or any other Expert Group on the Service may also be included.
i. As per instruction issued by the Department of Expenditure, the cadre review proposal should not result in any increase in the number of posts.
j. Information as per proforma prescribed in the Monograph.

Read more:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/draft.pdf
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Status Report of Cadre Review of Group ‘A’ Central Services

I-11019/25/2014-CRD
Government of India,
Ministry of Personnel, Public Grievances & Personnel
(Department of Personnel & Training)

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi – 110003
September 12, 2014

Subject: – Status Report of Cadre Review of Group ‘A’ Central Services

To increase transparency and-also to make information regarding cadre review readily available, it has been decided to upload the status of cadre review proposals of Group‘A’ Central Services as on the last working day of every month, on the website of DoPT.

2. For the month of September 2014, the status report as on 12th September, 2014 is enclosed. This will be followed by another status report as on 30th September, 2014. Thereafter, the status will be updated on monthly basis.

(Mona Singh)
Director (CRD)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/sttus.pdf
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Monday, September 15, 2014

Union Home Minister approves lease of land for setting up Kendriya Vidyalaya at Lakhimpur Kheri

Union Home Minister Shri Rajnath Singh has approved the providing of 3 acres of land on lease by Sashastra Seema Bal (SSB) to set up Kendriya Vidyalaya at SSB Campus at Lakhimpur Kheri, Uttar Pradesh by Kendriya Vidyalaya Sanghatan.

Presently SSB, Lakhimpur Kheri has 83.5 acres of land wherein Sector Hqrs and Bn Hqrs have been established. The Kendriya Vidyalaya will help the wards of troops deployed at Kheri and nearby locations.

Source:pib

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Sunday, September 14, 2014

EXPLANATORY NOTES ON CHARTER OF DEMANDS-CONFEDERATION

Item No. 1, 2 and 5 - Merger of DA with pay and grant of interim relief and Date of effect of 7th CPC.

The wage revision of the Central Government employees had always been through the setting up of Pay Commissions. Since the wage revision exercise involves inquiring into various aspects of wage determination and service conditions of the Government employees the Government had been appointing Pay Commissions for it was considered a better suited system. Such inquiry through setting up of Commissions had been a time consuming process. The 3rd, 4th and 5th Central Pay Commissions had taken more than three years to submit their reports. The 6th CPC however, submitted its report in the time frame provided to it i.e. 18 months. Since the earlier Commissions had covered many aspects of the principles of wage determination and the periodicity of such revision had come down, the exercise might not now require a longer period of time as was the case earlier. Even then the Commission will have to be given a reasonable time frame to go into the matter judiciously, for the 6th CPC recommendations when implemented has given rise to large number of anomalies and cadre related grievances. The methodology adopted for compensating the erosion in the real value of wages in the interregnum period had always been through the mechanism of merger of a portion of DA. The 5th CPC had recommended that the DA must be merged with pay and treated as pay for computing all allowances as and when the percentage of Dearness compensation exceeds 50%. Accordingly even before the setting up of the 6th CPC the DA to the extent of 50% was merged
with pay. It is pertinent to mention that even this benefit was denied to the Gramin Dak Sewak (GDS) of the Postal Department. As on 1.1.2011, the Dearness compensation was 65%. The suggestion for merger of DA to partially compensate the erosion in the real wages was first mooted by the Gadgil Committee in the post 2nd Pay Commission period. The 3rd CPC had recommended such merger when the Cost of Living index crossed over 272 points i.e. 72 points over and above the base index adopted for the pay revision. In other words, the recommendation of the 3rd CPC was to merge the DA when it crossed 36%. The Government in the National Council JCM at the time of negotiation initially agreed to merge 60% DA and later the whole of the DA before the 4th CPC was set up. The 5th CPC merged 98% of DA with pay. The Staff Side of the National Council JCM in its meeting with the Secretary, Personnel convened for the purpose of finalising the terms of the reference of the 7th CPC did raise the issue of merger of DA with pay. Though it was assured that the Government would take a final decision in the matter, the matter was not referred to the 7th CPC, nor did they deem it fit to take an executive decision. Despite the absence of any reference to the 7th CPC, the staff side discussed the issue with the Chairman and other members in the Pay commission. On the basis of the said discussion, a separate memorandum detailing as to how the employees are entitled to the benefit of Interim Relief and Merger of DA was submitted to the Commission. The Staff Side was informed of the forwarding of the said memorandum by the Commission to the Government for a decision at their end. The Government is therefore duty bound to take a decision in the matter without further loss of time.

Interim Relief and date of effect 

Most of the earlier Commissions with the exception of Ist and 6th Central Pay Commission had taken 2-3 years and sometimes more to finalise their recommendations. The 6th CPC failed to appreciate the erosion in the real value of wages that had taken place over the years due to inflation and rise in prices of essential commodities and the inability especially of the employees at the lower level to make the both ends meet with the available wages.
Every Pay Commission which had recommended Interim Relief had made it amply clear that it was intended to provide some relief to the employees pending a comprehensive determination of their salary structure and other benefits. The relief granted was treated as sui generis (one of its own kind, unique) and it was not taken into account for determining any allowance or benefit.

The Government did not initially refer the question of Interim Relief to the 5th CPC but when the Staff Side submitted their memorandum to the Commission on I.R., the Government had to amend the terms of reference and refer the issue to the Commission for their decision.

The Commission’s recommendations in granting three installments of interim relief establish the need for a relief in view of the erosion in the real value of wages, the need to fill the widening gap in wages when compared to outside rates and the fact that final recommendations of the Pay Commission are bound to revise the wage structure and above all the need to provide some relief to the employees who would retire before the Commission’s recommendations are finally submitted to the Government and accepted by them.

The need based minimum wage computed on the basis of Dr Ackroyd formula as on 1.1.2014 will be around Rs. 26,000 bringing about a gap of almost 12,000 at the level of an MTS. As per the formula adopted by the 5th CPC, the minimum wage will work out to Rs. 22,857.

From the above it is seen that Central Government employees presently have a very depressed salary structure. The final outcome of the deliberations of the 7th CPC will become available only by 2016. It is, therefore, needed that the employees have to be compensated in the form of Interim Relief. In our opinion the Commission may, as has been done by the various earlier Pay Commissions, recommend atleast 25% of Pay in Pay Band plus Grade Pay as Interim Relief subject to a minimum of Rs. 2000/-. Incidentally we may point out that the grant of interim relief will enable the Government to spread out the financial outlay on account of wage revision over a period of more than three years.

The need to revise the wages of Central Government employees every five years as is the case with the employees of the Public Sector Undertaking has been repeatedly raised by the employees organisations. The 5th CPC fixed the tenure at ten years. The 6th CPC kept a dignified silence on this vital question. As has been pointed out in the preceding paragraph, that over the five year period, normally the Dearness compensation crosses the 50% mark. This is indicative of the fact that the erosion in the real value of wages has become difficult for the employees to bear. The periodicity of wage revision has to be five years if not immediately, at least in phases. Since the Commission has come into existence in the year 2014, the recommendations of the Commission must be effective from 1.1.2014, which will reduce the periodicity of wage revision from 10 years to 8 years. We, therefore, demand that the 7th CPC must be asked to compute the wages on the basis of the consumer price index as is obtaining on 1.1.2014.

Item No. 3 - Inclusion of Grameen Dak Sewaks within the purview of the 7th CPC.

Grameen Dak Sewaks constitutes the single largest chunk of the postal workforce. Without them perhaps the rural postal system in the country will break down. The dedicated service of the Grameen Dak Sewaks keeps the postal department operational throughout the year. The system of Extra Departmental Agency was introduced by the colonial British rulers to reduce the running expenses of the postal system in the country. The exploitative system continued even after independence. By excluding the Gramin Dak Sewaks from the purview of inquiry of the Pay Commission, the Government wanted the system to continue as a means to reduce the running expenses of the Postal Department. The exclusion is sought to be made on the specious plea that the GDS are not Civil Servants. The Government’s contention on this score had been the subject matter of judicial scrutiny. The Honourable Supreme Court has held that the Extra Departmental Agents are holders of Civil post. The 4th Central Pay Commission also held the same view and asserted that their service conditions must be inquired into by the Pay Commission. However, when the 5th CPC is constituted, Government constituted a Committee under Justice Talwar to look into their case. The Government did not implement many of the recommendations of the Talwar Committee. It is in this context we plead that the Gramin Dak Sewaks must be brought within the purview of the 7th Central Pay Commission and justice rendered to them.

Item No.4: Scrap the New Pension Scheme

The defined benefit scheme of pension was introduced replacing the then existing contributory system decades back. The Government decided to reconvert the same into a contributory scheme on the specious plea that the outflow on pension had been increasing year by year and is likely to cross the wage bill. By making it contributory, the Government expenditure on this score is not likely to get reduced for the next four decades because of the reason that as per the announced scheme, the Government is to contribute the same amount to the fund as the employees make. Coupled with this stipulation the Government is also duty bound to make payment for the existing pensioners and for all Central Government employees who were in service prior to 1.1.2004. The contribution collected from the employees who are recruited after 1.1.2004 is to be managed by a mutual fund operator for investment in the stock market.

It is the vagaries of the stock market which will then determine the quantum of pension or in other words annuity, which would not be cost indexed. Before the introduction of the new scheme and the PFRDA bill, the Government had set up a committee under the chairmanship of Shri Bhattacharya, the then Chief Secretary of the State of Karnataka. The bill was unfortunately drafted and presented to the Parliament disregarding even the recommendation of the said committee to the effect that the Govt. should consider introducing a hybrid system by which the employees will have either a defined benefit pension or opt for a higher return through stock exchange investments. Despite the non-passage of the bill and the consequent absence of a valid law to support the Pension Regulatory authority, the Govt. converted the existing pension scheme into a contributory one through executive fiat and invested a percentage of the fund so generated from the employees' contribution in the Stock market. India is a young country and the expenditure on statutory pension has remained over a long period not more than 5% of GDP which the country/Government can afford to spend. The withdrawal of PFRDA bill is required for the following solid reasons:

(a) The new pension scheme is going to make social security in old age uncertain and dependent on market forces.
(b) The scheme has been compulsorily imposed on a section of employees and hence it is discriminatory.
(c) Such scheme had been a failure in many countries including Chile, UK and even USA. In USA entire pension wealth has been wiped out leaving pensioners with no pension. In Argentina the contributory scheme which was introduced at the instance of IMF was replaced with the defined benefit pension scheme.
(d) The PFRDA Bill has provisions empowering the Govt. and the Authority to cover employees now left out and to amend the existing entitlements of pension benefits.
(e) In majority of the countries, "pay as you go" is the system of pension.
(f) The contributory scheme does not give any guarantee for a minimum pension of 50% of the pay drawn at the time of retirement of the employee. Nor does it provide for the protection of his family members in the form of family pension in the event of death.

The Supreme Court had declared pension as one of the fundamental rights. The government should therefore retrace from its avowed position, which is detrimental to the interest of the employees and ensure that the employees recruited after 1.1.2004 is covered by the existing statutory defined benefit scheme and rescind the PFRDA Act.

The recent decision of the Cabinet to allow FDI in pension fund operations has made the real intent of the PFRDA Act unambiguously clear. The FDI will facilitate the mutual fund operators to invest the funds outside India thereby making Indian Savings available for development of a foreign country. It is now clear that the decision behind the contributory pension scheme was the pressure imposed by imperialist powers and more specifically IMF. It has, therefore, to be opposed at all cost and with vehemence. The Govt. should not go ahead with its intention of induction of FDI in pension fund companies.

Item No. 6 - Regularisation Of Casual/Contingent/Daily Rated/Contract Workers

Due to the ban on creation of posts and recruitment of personnel that continued for a very long period and the consequent strain on the existing workers, many Departmental heads had to recruit personnel on daily rated basis or as casual workers. Thus, almost 25% of the present work force in Governmental organisations are casual workers deployed to do the permanent and perennial nature of jobs, contrary to the prohibition of such unfair labour practices by the law of the land. In Fifties and Sixties, even the casual workers who had been employed to do the casual and non perennial jobs used to get priority for regular employment as and when vacancy for such permanent recruitment arises. Thousands of persons are now recruited as casual workers and kept as such for years together. They are paid pittance of a salary with no benefits like provident fund, dearness allowance, other compensatory allowances etc. In order to ensure that they do not get the benefit of regularisation, these workers are technically discharged for a few days to be employed afresh again. The modus operandi differs from one department to another.

While in some organisations, they are recruited through employment exchanges in others the functions are contracted out. Not only the quality of work suffers but it is also an inhuman exploitation of the workers given the serious situation of unemployment that exists in the country. While the permanent solution is to sanction the necessary posts and resort to regular recruitment, the Government should evolve a scheme by which these casual/contingent/daily rated/contract workers are made regular workers with all the concomitant benefits available for regular Government employees. Pending finalisation of such a scheme for regularisation, the non regular employees recruited for meeting the exigencies of work must be paid pro-rata salary on par with the similarly placed regular employees on the principle of equal pay for equal work.

Item No. 7 - Compassionate appointment

On the plea of a Supreme Court directive, Govt. introduced a 5% ceiling on the compassionate appointments. When the matter was taken up by the Staff Side in the National Council the Government was unable to produce any such direction of the Supreme Court. Despite that, the official side refused to withdraw the said instructions limiting the appointments to 5% of the available vacancies. In one of the National Council meetings, presided over by the Cabinet Secretary solemn assurance was given to the Staff Side that the issue will be revisited in the light of the discussion, but nothing happened thereafter. It is pertinent to mention in this connection that the compassionate appointments in the Railways continue to be operated without any such ceiling. In the Department of Posts hundreds of candidates selected by Selection Committee were denied jobs. The list of selected candidates was scrapped. These candidates approached the Court and obtained a favourable order. But the Court directive was made applicable to only those who approached the Court. The standing Committee on Department of Personnel in one of their report has termed the scheme of Compassionate ground appointments as a sacred assurance to a fresh entrant that if he dies in harness, his family shall not be left in lurch. Such an assurance is being breached by the provisions of limiting such appointments to 5% of vacancies. This condition, therefore, must be done away with.

Item No. 8 - Remove the ban on recruitment and creation of posts

In 1993, the Government of India introduced a total and blanket ban on creation of posts. This was with a view to reduce the manpower in the Governmental establishments, for on implementation of the neo liberal economic policies, the Government will be required to close down some of its activities and some others to be shifted to the private domain. In 2001, the GOI issued an executive instruction modifying the complete ban on recruitment that was in vogue whereby various departments, if they so desire, resort to recruit personnel to fill up the existing vacancies, provided they abolish 2/3rd of such vacancies. In other words, the concerned heads of Departments will be permitted to fill up 1/3rd of the vacancies provided they abolish the 2/3rd vacancies permanently. Since it was impossible to carry on the functions assigned to the Departments with large number of vacant posts, they had to implement the above cited directive of the Department of personnel, which was meant to arbitrarily reduce the manpower especially in Group C and D segments. Though the directive was to be applied uniformly to all cadres where direct entry is one of the mode of recruitment, not a single Group A. post was abolished as most of the departments offered to do away with Group C and D posts only. Since direct recruitment is seldom resorted to in Group B cadres, the brunt of the burden of the above cited instruction had to be borne by the Group C and D cadres in each department. The said directive remained operative for nearly a decade i.e. upto 2010. Such abnormal and arbitrary abolition of posts affected very adversely the functioning of many departments consequent upon which the public at large suffered immeasurably, besides accentuating the unemployment situation to alarming proportion. To cope up with the genuine complaints of the public, most of the heads of Departments had to resort to either outsourcing of the functions or engaging contract workers. The Govt. encouraged this endeavour by providing unlimited funds. In the circumstances, it is imperative that the sanctioned Strength as on 1.01.2001 is restored and the consequent vacancies filled up by a special drive for recruitment.

The Government has a time tested and scientific system of assessing the workload and measuring the manpower requirement. This seems to have been presently abandoned and the vacancies barring in a few cases are not being filled up. Even though there had been phenomenal increase in the workload in each department no new posts are created to cope up with the situation. The 6th CPC dealing with the subject has recommended that such ban on creation of posts for a long period is not desirable and the Departments should be empowered to create the need based posts for its effective functioning. The commensurate posts that are needed to cope up with the increasing workload must be sanctioned and recruitment of personnel resorted to so that the assigned functions of each department could be carried out effectively and efficiently.

Item No. 9 - Downsizing, Outsourcing, Contractorisation etc.

To overcome the difficulties emanated from the total ban on recruitment and creation of posts and more specifically impacted by the 2001 executive fiat of the Govt. of India in the matter, many departments had to resort to outsourcing of its functions. Some were virtually closed down and a few others were privatised or contractorised. The large scale outsourcing and contractorisation of functions had a telling effect on the efficacy of the Government departments. The delivery system was adversely affected and the public at large suffered due to the inordinate delay it caused in getting the requisite service. The financial outlay for outsourcing of functions of each department increased enormously over the years. The quality of work suffered. In order to ensure that the people do get a better and efficient service from the Government departments and to raise the image of the Government employees in the eyes of the common people, it is necessary that the present scheme of outsourcing and contractorization of essential functions of the Government must be abandoned. The practice of outsourcing and contractorisation is nothing but a cruel exploitation of the alarming situation of unemployment. The system of outsourcing of the functions seeks to informalise the workforce. The contract/casual workers get not even one third of the salary of the regular work force. They have no social security benefits like pension, provident fund gratuity etc. The C.G. employees fought against the temporary service rules which was in vogue in sixties and ensured that the recruitment to Government service is permanent and the civil servants are not allowed to be fired at the whim and fancy of their bosses. The outsourcing and contractorisation has paved way for large scale entry of casual workers and has resulted in the reversal of what all achieved in this direction through struggles in the past two decades.

Item No. 10 - Introduction of PLB and removal of ceiling limit

Barring the Railways, Defence production units and Postal Department, Bonus is paid to the Central Government employees on adhoc basis. The 30 days adhoc bonus is the maximum that is provided to them. The 4th and 5th Central Pay Commissions had recommended the introduction of productivity linked bonus scheme to all Departments as is presently the case in the three Departments mentioned above. Even the scheme of PLB is not uniform in as much as the Postal Department introduced an artificial ceiling of 60 days on the entitled number of days of bonus whereas no such ceiling exist either in the Railways or in the Defence Production organisations. The Government is yet to implement the above recommendations of 4th & 5th CPCs even though several rounds of discussions on the subject were held. There is no reason whatsoever, as to why this recommendation could not be implemented. There had been no rise in the adhoc bonus for past a decade even though there had been considerable amount of increase in the case of PLB over the years. The Department of Personnel and Expenditure may be advised to finalise the PLB scheme without further delay for those who are in receipt of adhoc bonus.

Even though Bonus Act is said to have no application or relevance to the Productivity linked Bonus or adhoc bonus, the provisions of the said Act is employed to deny the entitled bonus to the Government employees on the basis of their emoluments. The bonus entitlement in both the cases is restricted to the computation based on the notional emoluments of Rs. 3500.

Presently even a casual worker is entitled to get a monthly wage of more than Rs. 3500. The minimum wage as on 1.1.2006 determined by the 6th CPC in respect of Central Government employees is Rs. 7000. By artificially linking the restriction of emoluments stipulated by the Bonus Act, the employees are denied their legitimate entitlement of Bonus. The Bonus entitlement must be computed on the basis of the actual emoluments of an employee.

Item No. 11 - Revising OTA and Night Duty allowance rates and Implementation of arbitration awards:

Overtime allowance is seldom given to the Government employees. In case of emergency and in the contingency in which the work cannot be postponed, like that happens in the RMS division of Postal Department, in the Atomic Energy Commission offices or when the Parliament is in session in other administrative offices, employees are asked to do work beyond the stipulated working hours. The Night duty allowance is provided to the employees who are asked to work in the night shifts with certain stipulated conditions. The 4th CPC recommended that since there had been considerable misuse of the provisions relating to the grant of OTA, the Government should find alternative methods to compensate the employees who are asked to work on over time and pending such a scheme being evolved recommended not to revise the rates. However, the Govt. did not bring in any new scheme but issued the directive that the OTA and Night duty allowance will be paid to the employees who are called upon to do overtime or night duty on the basis of the 4th CPC pay structure. This directive is still in vogue.

On quite a number of occasions, the Staff Side pointed out the irrationality of the directive of the Government in as much as a person engaged for managing the excess work from outside gets better emoluments than the over time allowance granted to the regular employees. The Government refused to reach an agreement in the National Council on this issue. When the Staff side pressed, the Government came forward to record disagreement and referred the matter to the Board of Arbitration under the JCM Scheme. The Board of Arbitration having found the unreasonable position taken by the Government gave out the award in favour of the staff and directed the Government to revise the order whereby the allowance will be linked to the actual pay of the Government employees. The Govt. did not accept this award and has approached the Parliament for the rejection of the same. The matter has not yet been placed in the form of a resolution in the Parliament. Despite the fact that the employees had been abiding by the directive of their superiors to be on overtime/night duty, and despite having won the case before the Board of Arbitration they continue to be compensated on the basis of the Notional pay as in 1986. There could not have been a much bigger injustice meted out to the employees. The Government must accept the award of the Board and issue instructions linking the allowance to the actual pay of the employee. Similarly Government should come forward to implement about 15 other arbitration awards which are sending implementation for the last many years.

Item No. 12 - Settle all anomaly items pending at the National Council JCM

The 6th CPC made a retrograde change in the pay structure of the Central Government employees. It introduced the concept of Grade Pay and Pay Bands. There had been no consultation with the employees while finalizing the said recommendations. The system created enormous anomalies which had to be addressed by the Government later. The Government on the plea of the Staff Side of the National Council set up a joint committee to go into these anomalies. The Committee met several times but could not resolve any issue through deliberations. These issues are still pending unresolved. On a similar situation, the 6th CPC itself has gone on record to state that it would not be possible for them to go into the anomalies within the 18months provided to them to make recommendations. No different is the case with the 7th CPC and the 7th CPC may also come up with the above arguments for non settlement of anomaly. Moreover, none of them has also been officially referred to the 7th CPC. It is, therefore, necessary that the Government must look into the matter with a sense of urgency and ensure that the anomalies are resolved urgently.

Source:http://confederationhq.blogspot.in/
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CHARTER OF DEMANDS-CONFEDERATION

CHARTER OF DEMANDS

1 Merger of DA with pay for all employees w.e.f. 01.01.2014 including Gramin Dak Sewaks and Pensioners.
2  Grant of Interim Relief to all employees including Gramin Dak Sewaks and Pensioners.
3  Inclusion of Gramin Dak Sewaks under the purview of 7th Central Pay Commission
4  Scrap PFRDA Act and grant statutory defined pension to all including those appointed on or after 01.01.2004.
5  Date of effect of 7th CPC recommendation should be 01.01.2014.
6  Regularisation and Revision of wages of casual labourers and contract workers.
7  Removal of 5% condition for compassionate appointment.
8  Fill up all vacant post and creation of New Post wherever justified.
9  Stop Downsizing, Outsourcing, Contractorisation and Privatisation of Government function.
10  Grant productivity Linked Bonus to all without ceiling; Compute bonus as weighted average of PLB for those not covered by PLB agreement.
11  Revise OTA and NDA and implement arbitration awards.
12  Settle all pending anomalies of 5th and 6th Pay Commission.

Source:https://docs.google.com/file/d/0B0rqvSYMJv2IQWlJS2N2SGtXVDQ/edit
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Self Explanatory Notes on Charter of Demands submitted to Cabinet Secretary by Confederation

CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS
1st Floor, North Avenue PO Building, New Delhi – 110001
Website: WWW. Confederationhq.blogspot.com
Email: Confederationhq@yahoo.co.in

Patron                            President                Secretary General
S.K.Vyas                      K.K.N.Kutty              M.Krishnan
09868244035               09811048303           09447068125

Dated 11th September, 2014

The Cabinet Secretary,
Government of India,
Rashtrapati Bhawan Annexe
New Delhi. 110 001.

Through the Heads of Departments/Head of offices.

Dear Sir,

The Confederation of Central Government employees and workers is the apex level organisation of all Federation/Association/Unions of CGEs other than in the Railways and Defence Departments. It was in the wake of a strike action in 1960s by the Central Govt. Employees, the Govt. of India set up permanent negotiating machinery called JCM so that the employees will be able to raise their demands and grievances and seek settlement thereof through dialogue. This machinery has now come to a standstill as the Govt.does not convene the meetings of the councils at the National and Departmental levels on one pretext or the other. A new set of rules for grant of recognition of service associations were promulgated in 1993. Many Ministries, despite the employees organizations abiding by the stipulated conditions, have not afforded recognition to the Associations/Federations, thereby closing all channels of communication. The JCM had the facility of referring the issues on which the Government could not agree upon to the Board of
Arbitration. The decision/award of the Board was binding on all parties. Still the Government had been rejecting the awards in favour of the employees on the specious plea of adverse impact on national economy by presenting resolutions in the Parliament. We need not emphasise the unethical character of this approach which undermines the confidence of the employees in the fairness of the system.

The 6th CPC recommendations and its implementation had given rise to various anomalies. The employees genuinely felt that the said anomalies would be removed through discussions for which the Government had set up a committee. The Committee despite meeting on four occasions had not been able to settle the issues; nor could it be referred to the Arbitrator. No decision has been taken by the Government so far as to the fate of these anomalies.

The Government set up the 7th CPC in September last. Its notification was issued early this year. Despite assurance being held out, the terms of reference was not subjected to discussion with the staff side with the result the demand of the employees to include the Gramin Dak Sewaks within the ambit of the Commission was not acceded to. The 6th CPC recommendations were implemented with effect from 1.1.2006. The revision of wages was due on 1.1.2011 having completed five years. Wage revision is permitted in the Public Sector undertaking every five years. The value of wages fixed in 2006 has been eroded significantly during the period due to the high rate of inflation and price rise.

The new contributory pension scheme was introduced by the Government on the plea that the pension liability has become unbearable and is a drag on the exchequer. In our Memorandum to the then Prime Minister, we had raised several issues and had pointed out that the financial outflow on account of the new scheme will be much more than the existing defined benefit scheme. We had indicated in our memorandum quite a number of aspects which would be detrimental to the interest of workers. The Government has decide allow FDI in pension fund operations. This will only result in the flow of Indian Savings for investment outside the country.

We submit herewith the charter of demands which requires settlement urgently. We have also appended a Note on each of the issues included in the charter of demands, which is self explanatory. We shall be grateful if these issues are caused to be considered by the concerned departments of the Government of India and brought before the negotiating forum for settlement.

Thanking you,

Yours faithfully,
(Name of the Secretary……………………..)

Name of the unit of the Federation/Association/Union.

Source:http://confederationhq.blogspot.in/

Click to read Charter of Demands

Click to read Self Explanatory Report
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Friday, September 12, 2014

PRE-2006 PENSIONERS - FIXATION CASE-CONFEDERATION

1.      After reading our earlier website write up (Sl.2) on the above subject, some readers have sought the details of the case. [click here to view Pensioner's Case: Reply from Persmin on benefit of upgraded grade pay and OM dated 28.01.2013 from 01.01.2006 instead of 24.09.2012]

2.      The facts of the case briefly stated are as under:

         a)    The VI CPC in para 5.1.47 of their report recommended that the fixation of revised pension as per the table given by them “will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale from which the pensioner had retired”.

         b)    The Government of India in their Resolution No.38/37/08-P&PW(A) dated 29-8-2008 accepted the above proviso by reproducing it per verbatim at item 12 of the statement showing the relevant recommendations and decision of the Government thereon (vide Annexure to the said Resolution).

         c)    In Department of Pension & Pensioners Welfare O.M No.38/37/08 P&PW dated 1-9-2008 same proviso has been incorporated at para 4.2 thereof.

         d)    The Department of Pension & Pensioners Welfare through their clarificatory O.M. No.38/37/08 - P&PW (A) pt. 1 dated 3-10-2008 however modified the para 4.2 of their OM dated 1-9-2008 as under:

                 The pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated (i) at the minimum pay in the pay band (irrespective of the prerevised scale of pay from which the pensioner is retired) plus grade pay corresponding to the prerevised pay scale.”

         e)    In other words in all cases it would be minimum pay of the pay band which would be taken and not the minimum pay in the pay band corresponding to the pre revised pay scale from which the pensioner had retired.

         f)     This clarification was challenged by the Central Government SAG (S-29) Pensioners Association in Principal Bench of the Central Administrative Tribunal (vide O.A. No.655/2010). Hon’ble Tribunal in their order dated 1-11-2011 quashed the above clarificatory order of Department of Pension & Pensioners Welfare dated 3-10-2008 and directed the respondents refix the pension of all pre 2006 retirees with effect from 1-1-2006 based on Government Resolution dates 29-8-2008.

         g)   Government of India challenged the above decision of the said Tribunal before Delhi High Court vide WP (C) No.1535/2012 which was dismissed by the High Court vide their order dated 29-4-2013 upholding the decision of the Tribunal.

                Government of India then filed the following S.L. Ps etc.
                (i)    SLP (C) No.23055/2013 dismissed on 29-7-2013.
                (ii)   Review Petition (C) No.2492/2013 dismissed on 12-11-2013.
                (iii)  Curative Petition (C) No.126/2014 dismissed on 30-4-2014.
                Thus the CAT verdict dated 1-11-2011 attained legal finality.
                On 15-5-2014 the Hon’ble CAT Principal Bench New Delhi disposed of the contempt petition No.158/2012 directing the Union of India to implement the directions of the Tribunal expeditiously, preferably within three months”.

3.      The Department of Pension & Pensioners Welfare in their letter No.38/77-A/09-P&PW(A) dated 29-5-2014 written to the Secretary of Petitioner Associaiton (Central Govt. SAG (S-29) Pensioners Association) has stated that as per the directions of Hon’ble CAT their order dated 1-11-2011 is required to be implemented “only in respect of Petitioners in O.A. No.655/2010 and not in respect of all pre 2006 retirees as per the Tribunals order dated 1-11-2011.
     
          There is no such direction that it should be implemented only in respect of Petitioners. May be that Government Advocate had indicated that Government is willing to implement the judgment qua petitioners but the Tribunal had disposed of the contempt Petition by directing the Union of India to implement their directions dated 1-11-2011 expeditiously.

4.      It will not be out of place to mention here that in response to answer to Lok Sabha unstarred question No.3406 Govt. replied that  the above directions of the CAT Principal Bench had already been implemented in respect of all pre 2006 retirees but from an arbitrarily fixed date of 24-9-2012 (vide Department of Pension & Pensioners Welfare O.M. F.No.38/40/12 P&PW(A) dated 28-1-2013) This order was not restricted only to members of the Petitioners Association. Accordingly the direction to implement it wef 1-1-2006 issued by the CAT has to be implemented in respect of all pre 2006 retirees also.

M. Krishnan
Secretary General
Confederation
Mob: 09447068125
e-mail: mkrishnan6854@gmail.com

Source:CONFEDERATION
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